3 month time limit for backdating


If there has been a good reason why you could not complete or get your form to us sooner, then you can ask for your claim to be 'backdated' to an earlier date.There are limits as to how far back we can go and these time limits start from when we receive your request for backdated benefit.Council Tax Support cannot be backdated for more than one month if the claimant makes their request on or after 1 April 2017 even if this is a belated request linked to a current claim.Backdating – Council Tax Support - Pension Age – no change There is no change.Clearly there is still a great concern for employers that large numbers of claims brought before 1 July will not be subject to the two year backstop (although of course many cases will already be limited if there has been a gap of more than three months between underpayments).Interestingly the limit in the Regulations applies to most claims of unlawful deductions from wages, not just holiday pay.

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The Regulations also clarify that the Working Time Regulations 1998 do not give a contractual right to paid holiday.

(NB: A recent case has suggested that holiday may also be carried forward if a worker is unable or unwilling to take it for reasons beyond his control, not only as a result of sickness absence.

In theory, if the worker was working and being paid, there should be no claim for additional holiday pay.

Backdating - Council Tax Support - Working Age With effect from 1 April 2017, the maximum period for which Council Tax Support claims may be backdated for working age claimants reduces from three months to one months.

This applies to all backdating requests made on or after 1 April 2017.

One interesting question is whether the limit could have any effect on backdated holiday pay claims where the worker has been on long term sickness absence.

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